United States v. Terry Lewis Raino, 980 F.2d 1148 (8th Cir. 1992). · Go Syfert
United States v. Terry Lewis Raino, 980 F.2d 1148 (8th Cir. 1992). Cases Citing This Book View Copy Cite
77 citation events (52 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (rule) Crow v. Rasmussen
D. Minnesota · 2024 · confidence medium
The Eighth Circuit has held that “‘an action tantamount to arrest has taken place if the officers’ conduct is more intrusive than necessary for an investigative stop.’” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir. 1992) (quoting United States v. Rose, 731 F.2d 1337, 1342 (8th Cir. 1984)) (brackets removed).
discussed Cited as authority (rule) Manento v. Scudera (2×)
D. Minnesota · 2023 · confidence medium
However, while an investigative stop must be supported by reasonable, articulable suspicion that criminal activity may be afoot, an arrest must be supported by probable cause.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir. 1992) (citation omitted).
discussed Cited as authority (rule) Larenzo Irvin v. Tyler Richardson (2×)
8th Cir. · 2021 · confidence medium
See Smith, 645 F.3d at 1002-03 ; Fisher, 364 F.3d at 973-74 ; United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir. 1992), cert. denied, 507 U.S. 1011 (1993).
discussed Cited as authority (rule) Casondra Pollreis v. Lamont Marzolf (2×) also: Cited "see, e.g."
8th Cir. · 2021 · confidence medium
The district court concluded that a triable fact remains as to this question because Officer Marzolf took “intense” actions (e.g., used handcuffs) even after the boys complied with his commands. “[A]n action tantamount to arrest has taken place if the officers’ conduct is more intrusive than necessary for an investigative stop.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir. 1992) (internal citation and quotation marks omitted).
discussed Cited as authority (rule) Pollreis v. Marzolf
W.D. Ark. · 2020 · confidence medium
Thus, the only issue remaining is whether the stop became a de facto arrest at any point. 20 The Court finds that a genuine issue of material fact exists as to whether W.Y.’s and S.Y.’s sprentian was a de facto arrest supported by probable cause. “[A]n action tantamount to arrest has taken place if the officers’ conduct is more intrusive than necessary for an investigative stop.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir. 1992) (citation and quotation marks omitted).
discussed Cited as authority (rule) Powell v. Staycoff
D. Minnesota · 2019 · confidence medium
Particularly when the weapons threat is considered in light of the crowd of thirty or forty people nearby in the emergency room, it becomes all the more imperative for officers to locate the “man with a gun” and neutralize the threat.5 Cf. Raino, 980 F.2d at 1150 (concluding “officers’ actions did not exceed the bounds of an investigative stop” where they “were responding to a late night call in an area where there had been . . . reports of shots fired” and “there was a large group of people gathered” nearby).
cited Cited as authority (rule) Romero v. Storey
10th Cir. · 2012 · confidence medium
Finally, in United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992), the facts included shots fired late at night where the suspect's car was parked.
discussed Cited as authority (rule) Tracy v. Neuberger
D. Minnesota · 2012 · confidence medium
Tracy maintained at oral argument that Doe arrested him, while the motorcycle officer and other unidentified officers he encountered earlier were simply conducting a “stop.” Both investigative stops and arrests are “seizures” under the Fourth Amendment, but stops require only a “reasonable, articulable suspicion that criminal activity may be afoot” while “arrests must be supported by probable cause.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992).
discussed Cited as authority (rule) United States v. Marcelino
N.D. Ga. · 2010 · confidence medium
(Doc. 18 at 9.) While there is no exhaustive list of specific factors required for “reasonable suspicion” to justify a Terry stop, factors that the courts have considered contextually relevant in determining the validity of a Terry stop include: (1) a report of a recent and serious crime, United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992); (2) furtive conduct suggesting consciousness of guilt, Wardlow, 528 U.S. at 124 , 120 5.Ct. 673 (e.g., headlong flight); (3) furtive gestures, Florida v. Rodriguez, 469 U.S. 1, 6 , 105 S.Ct. 308 , 83 L.Ed.2d 165 (1984); (4) nervous apprehension a…
discussed Cited as authority (rule) El-Ghazzawy v. Berthiaume
D. Minnesota · 2010 · confidence medium
However, while an investigative stop must be supported by reasonable, articulable suspicion that criminal activity may be afoot, an arrest must be supported by probable cause.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992).
discussed Cited as authority (rule) United States v. Fisher
10th Cir. · 2010 · confidence medium
See Goodrich, 450 F.3d at 562, 563 (upholding Terry stop where defendant “was found near in time and geographic proximity” to the crime, and police “observed no other occupied vehicles in the vicinity”); United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (upholding Terry stop where “the officers were responding to a late-night call that shots had been fired in precisely the area appellant’s car was parked”).
discussed Cited as authority (rule) United States v. Camacho
D. Mass. · 2009 · confidence medium
Factors that courts have considered in assessing the validity of a Terry stop include: (1) a report of a recent and serious crime, United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992); (2) furtive conduct suggesting consciousness of guilt, Illinois v. Wardlow, 528 U.S. 119, 124 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000); (3) furtive gestures, Florida v. Rodriguez, 469 U.S. 1, 6 , 105 S.Ct. 308 , 83 L.Ed.2d 165 (1984); (4) nervous apprehension at the approach of police, United States v. Brignoni-Ponce, 422 U.S. 873, 885 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975); (5) suspicious presence in a �…
examined Cited as authority (rule) State v. Flowers (4×) also: Cited "see"
Minn. · 2007 · confidence medium
United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir.1992).
discussed Cited as authority (rule) United States v. Harty
D. Mass. · 2007 · confidence medium
Factors that among others weigh in the calculus of reasonable suspicion include: (1) a report of a recent and serious crime, United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992); (2) the proximity of a suspect to the scene of a reported crime, United States v. Aldridge, 719 F.2d 368, 371 (11th Cir.1983); (3) visible apprehension and excessive nervousness at the approach of police, United States v. Atlas, 94 F.3d 447, 451 (8th Cir.1996); (4) behavior indicative of a consciousness of guilt, Illinois v. Wardlow, 528 U.S. 119, 124 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000); (5) an officer’s …
discussed Cited as authority (rule) United States v. Jervis Lavern Goodrich
3rd Cir. · 2006 · confidence medium
See, e.g., United States v. Brown, 334 F.3d 1161, 1165 (D.C.Cir.2003) (suspects’ car found parked in lot where late night shots had been fired; location relevant Terry factor); United States v. Wimbush, 337 F.3d 947, 950 (7th Cir.2003) (noting as a relevant factor the fact that suspect was found eight blocks away from reported crime); Brown, 159 F.3d at 150 (suspect’s presence in “close proximity to the crime scene a few minutes after the [report]” a factor supporting finding of reasonable suspicion); United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (holding that a Terry stop…
discussed Cited as authority (rule) United States v. Goodrich
3rd Cir. · 2006 · confidence medium
See, e.g., United States v. Brown, 334 F.3d 1161, 1165 (D.C Cir. 2003) (suspects’ car found parked in lot where late night shots had been fired; location relevant Terry factor); United States v. Wimbush, 337 F.3d 947, 950 (7th Cir. 2003) (noting as a relevant factor the fact that suspect was found eight blocks away from reported crime); Brown, 159 F.3d at 150 (suspect’s presence in “close proximity to the crime scene a few minutes after the [report]” a factor supporting finding of reasonable suspicion); United States v. Raino, 980 F.2d 1148, 1150 (8th Cir. 1992) (holding that a Terry -…
discussed Cited as authority (rule) United States v. Harris, Collins R.
7th Cir. · 2006 · confidence medium
See United States v. Mitchell, 256 F.3d 734, 738 (7th Cir.2001) (report of shots fired one factor justifying officer’s reasonable suspicion that suspect was armed); see also United States v. Sims, 296 F.3d 284, 287 (4th Cir.2002) (pat-down justified where suspect acted furtively, “matched the tipster’s description, was the only person about, and was a very short distance from the spot where a shot was reportedly fired *530 just a few minutes before”); United States v. Davis, 235 F.3d 584, 588 (D.C.Cir.2000) (police had reasonable suspicion to believe individual who matched “sex, race…
examined Cited as authority (rule) United States v. Brown, Rocky (4×) also: Cited "see"
D.C. Cir. · 2003 · confidence medium
While the police may reasonably take into account the fact that they are conducting an investigation in a high-crime area, see Edmonds, 240 F.3d at 60 , late at night, see Townsend, 305 F.3d at 542-43 , and that they are investigating a crime involving a gun, see United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992), these factors provide only generalized suspicions that are insufficient to justify an intrusion on an individual’s Fourth Amendment rights.
discussed Cited as authority (rule) Klare v. State (2×)
Tex. App. · 2002 · confidence medium
Briggman, 931 F.2d at 709 (finding reasonable suspicion when one of three factors was that the defendant was observed in the parking lot of a business that had been closed for hours); United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir.1992) (stating that a parked vehicle in a closed parking lot is a factor in a finding of reasonable suspicion); Nicholas, 104 F.3d 368 (presence of a vehicle in a closed or abandoned building late at night is a factor); Shaffer, 562 S.W.2d 853 (reversing a handgun conviction of a taxi driver who was driving about 5 to 10 miles per hour through a commercial d…
discussed Cited as authority (rule) State v. Nucaro (2×) also: Cited "see"
Iowa Ct. App. · 2000 · confidence medium
U.S. v. Raino, 980 F.2d 1148, 1149-50 (8th Cir.1992).
discussed Cited as authority (rule) United States v. Gaylen Maurice Jackson
8th Cir. · 1999 · confidence medium
See United States v. Atlas, 94 F.3d 447, 450-51 (8th Cir.1996) (considering the dangerousness of the area and the defendant’s nervous reaction to find reasonable suspicion); United States v. Bloomfield, 40 F.3d 910 (8th Cir.1994) (en banc) (considering defendant’s nervousness contributing factor to reasonable suspicion); United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (holding that reasonable suspicion existed where officers were responding to late-night call that shots had been fired in precisely the area where the defendant’s car was parked and the defendant pulled away and …
discussed Cited as authority (rule) United States v. Gaylen Jackson
8th Cir. · 1999 · confidence medium
See United States v. Atlas, 94 F.3d 447, 450-51 (8th Cir. 1996) (considering the dangerousness of the area and the defendant’s nervous reaction to find reasonable suspicion); United States v. Bloomfield, 40 F.3d 910 (8th Cir. 1994) (en banc) (considering defendant’s nervousness contributing factor to reasonable suspicion); United States v. Raino, 980 F.2d 1148, 1150 (8th Cir. 1992) (holding that reasonable suspicion existed where officers were responding to late-night call that shots had been fired in precisely the area where the defendant’s car was parked and the defendant pulled away a…
discussed Cited as authority (rule) United States v. Menard
N.D. Iowa · 1995 · confidence medium
However, “even in the case of an investigative stop, an officer may take such steps as are ‘reasonably necessary to protect [his] personal safety and to maintain the status quo’ so that the limited purposes of the stop may be achieved.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992) (quoting United States v. Hensley, 469 U.S. 221, 235 , 105 S.Ct. 675, 684 , 83 L.Ed.2d 604 (1985)), cert. denied, — U.S. —, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993); see United States v. Brown, 51 F.3d 131, 132-33 (8th Cir.1995); United States v. Jones, 759 F.2d 633, 636-37 (8th Cir.), cert. …
discussed Cited as authority (rule) United States v. Eugene T. Brown, Also Known as Tony Brown
8th Cir. · 1995 · confidence medium
However, while an investigative stop must be supported by reasonable, articulable suspicion that criminal activity may be afoot, an arrest must be supported by probable cause.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993); see Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868, 1879-80 , 20 L.Ed.2d 889 (1968).
cited Cited as authority (rule) United States v. Ulysses Lloyd
8th Cir. · 1994 · confidence medium
Terry v. Ohio, 392 U.S. at 21 , 88 S.Ct. at 1879 ; United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993).
discussed Cited as authority (rule) United States v. Oscar McMurray A/K/A Osama Omar, United States of America v. Stephanie Lomax, A/K/A Hamedah Hasan, A/K/A Stephanie McMurray United States of America v. Tracy N. Lomax, A/K/A Ahad Hasan (2×)
8th Cir. · 1994 · confidence medium
The applicable test is whether the officer's conduct was "reasonably necessary to protect [his] personal safety and to maintain the status quo so that the limited purposes of the stop may be achieved." United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992) (quoting United States v. Hensley, 469 U.S. 221, 235 , 105 S.Ct. 675, 683-84 , 83 L.Ed.2d 604 (1985)), cert. denied, --- U.S. ----, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993).
discussed Cited as authority (rule) United States v. McMurray (2×)
8th Cir. · 1994 · confidence medium
The applicable test is whether the officer’s conduct was “reasonably necessary to protect [his] personal safety and to maintain the status quo so that the limited purposes of the stop may be achieved.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992) (quoting United States v. Hensley, 469 U.S. 221, 235 , 105 S.Ct. 675, 683-84 , 83 L.Ed.2d 604 (1985)), cert. denied, — U.S.-, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993).
cited Cited as authority (rule) State v. Scott
Iowa · 1994 · confidence medium
In re S.A.W., 499 N.W.2d 739, 742 (Iowa App.1993); United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir.1992).
discussed Cited "see" State of Minnesota v. Darren Gregory Melges
Minn. Ct. App. · 2016 · signal: see · confidence high
See State v. Flowers, 734 N.W.2d 239, 253 (Minn. 2007) (enumerating the five factor test for determining whether police have exceeded the permissible scope of a Terry stop) (citing United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir. 1992)).
discussed Cited "see, e.g." United States v. Eric Quinn
8th Cir. · 2016 · signal: see also · confidence medium
See Dawdy, 46 F.3d at 1429 ; see also United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (holding that defendant’s nervous appearance and his attempt to evade police contributed to reasonable suspicion).
discussed Cited "see, e.g." State v. Pinckney
Ohio Ct. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (Terry investigative stop justified where "officers were responding to a late- night call that shots had been fired in precisely the area appellant's car was parked"); United States v. Brown, 334 F.3d 1161, 1166 (D.C.Cir.2003) (upholding Terry stop by police officers responding to a call of shots being fired in nearby parking lot where facts indicated it was late at night, the area was a high crime area, and there were only two occupied cars in the lot). {¶ 28} Having determined that the record supports the trial court's fi…
cited Cited "see, e.g." United States v. Fernandes
D. Mass. · 2010 · signal: compare · confidence medium
Compare United States v. Raino, 980 F.2d 1148, 1150 (8th Cir.1992) (officers responding to reports of gunfire).
discussed Cited "see, e.g." United States v. Juvenile Tk
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir.1992) (finding reasonable suspicion where police, responding to late-night reports of fired shots, saw vehicle parked in closed parking lot and observed evasive and suspicious movements), cert. denied, 507 U.S. 1011 , 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993).
discussed Cited "see, e.g." United States v. Juvenile TK
8th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., United States v. Raino, 980 F.2d 1148, 1149-50 (8th Cir. 1992) (finding reasonable suspicion where police, responding to late- night reports of fired shots, saw vehicle parked in closed parking lot and observed evasive and suspicious movements), cert. denied, 507 U.S. 1011 (1993).
cited Cited "see, e.g." United States v. Carl Edward Dickson
8th Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., United States v. Dixon, 51 F.3d 1376, 1380 (8th Cir.1995), and United States v. Raino, 980 F.2d 1148, 1149 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1662 , 123 L.Ed.2d 280 (1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Terry Lewis RAINO, Appellant
92-1236.
Court of Appeals for the Eighth Circuit.
Nov 19, 1992.
980 F.2d 1148
Virginia Villa, Minneapolis, Minn., argued (Scott F. Tilsen and Jaye Meyer, on the brief), for appellant., Nathan P. Petterson, Minneapolis, Minn., argued (Thomas Heffelfinger, on the brief), for appellee.
Wollman, Bright, Ross.
Cited by 40 opinions  |  Published
ROSS, Senior Circuit Judge.

Appellant Terry Raino entered a conditional guilty plea to one count of possession with intent to distribute cocaine base, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and one count of use of a firearm during a drug trafficking crime, 18 U.S.C. § 924(c)(1). Pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure, appellant reserved the right to appeal the denial of his motion to suppress the evidence presented against him. Appellant was sentenced to 87 months for the drug count and 60 months for the firearm count. He now appeals the denial of his motion to suppress the evidence obtained in the search of his person and vehicle.

On the evening of September 27, 1991, at approximately 11:30 p.m., Minneapolis po[*1149] lice received a report that shots had been fired in the vicinity of 17th and Sheridan Avenue North, in Minneapolis, Minnesota. Witnesses told investigators that it was a drive-by shooting involving a light blue El Camino. Police received a second report of shots fired in the same vicinity just after midnight. An officer was dispatched to the area and while there heard another shot fired, again in the area of 17th and Sheridan Avenue North. The officer then called for back-up assistance. There were no witnesses to identify the nature of these subsequent gunshots.

When Officers David Roiger and Tony Casper arrived on the scene, they observed a group of people mingling in the street and several people fighting in a nearby yard. In keeping with standard police procedure for a “shots fired” call, Officer Roiger placed his gun in his lap as he arrived on the scene.

Officer Roiger immediately observed a white BMW double-parked in the intersection of 17th and Sheridan Avenue North. Appellant Terry Raino was seated behind the wheel of the BMW and there were two females leaning on the driver’s side of the car, talking with appellant. Officer Roiger pulled his marked patrol car within 15 feet of the BMW, partially blocking appellant’s exit. The officer testified that as he put his car in park he observed appellant’s vehicle begin to slowly pull away. Officer Roiger shined his spotlight on Raino, who “appeared to be nervous.” The officer quickly got out of his car, pointed his gun towards the BMW, and ordered the driver to stop.

Officer Roiger testified that at this point the appellant reached behind the driver’s seat with his right hand and appeared to be fumbling in the back seat for a few seconds. Appellant was directed to put his hands on the steering wheel and was then ordered out of the car, at which time Officer Casper conducted a patdown frisk. At the same time, Officer Roiger looked through the rear driver’s side window and saw a silver revolver on the floor behind the driver’s seat. Appellant was placed under arrest and a subsequent search of appellant’s person and automobile revealed 27.9 grams of crack cocaine and approximately $3,400 in cash.

On appeal, Raino contends that the show of force by the police officer elevated the initial detention into an arrest which, without probable cause, warrants an exclusion of the evidence thereby seized. Alternatively, Raino argues that the officer lacked even the reduced “reasonable suspicion” necessary to support an investigative stop permissible under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

We first examine the nature of Raino’s initial detention. It is well established that both investigative stops and arrests aré “seizures” under Fourth Amendment law. However, while an investigative stop must be supported by reasonable, articulable suspicion that criminal activity may be afoot, an arrest must be supported by probable cause. United States v. Miller, 974 F.2d 953, 956 (8th Cir.1992). Further, we have held that “[a]n action tantamount to arrest has taken place if the officers’ conduct is more intrusive than necessary for an investigative stop.” United States v. Rose, 731 F.2d 1337, 1342 (8th Cir.), cert. denied, 469 U.S. 931, 105 S.Ct. 326, 83 L.Ed.2d 263 (1984). However, even in the case of an investigative stop, an officer may take such steps as are “reasonably necessary to protect [his] personal safety and to maintain the status quo” so that the limited purposes of the stop may be achieved. United States v. Hensley, 469 U.S. 221, 235, 105 S.Ct. 675, 684, 83 L.Ed.2d 604 (1985). Appellant argues that the display of a weapon by Officer Roiger turned the initial detention into an unlawful arrest. We disagree.

This court has held that neither the partial blocking of a suspect’s automobile nor the officers’ approach to a suspect’s car with guns drawn elevates an investigative stop into an arrest “if the police action is reasonable under the circumstances.” United States v. Jones, 759 F.2d 633, 638, cert. denied, 474 U.S. 837, 106 S.Ct. 113, 88 L.Ed.2d 92 (1985). Factors to consider in determining the reasonableness of the officers’ actions include (1) the number of officers and police ears involved; (2) the nature of the crime and whether there is reason to[*1150] believe the suspect might be armed; (3) the strength of the officers’ articulable, objective suspicions; (4) the erratic behavior of or suspicious movements by the persons under observation; and (5) the need for immediate action by the officers and lack of opportunity for them to have made the stop in less threatening circumstances. Id. at 639-40.

The officers’ actions in the instant case were reasonable under the circumstances. The officers were responding to a late night call in an area where there had been three separate reports of shots fired. Accordingly, the officers reasonably anticipated that, should their suspicions about the appellant’s vehicle be confirmed, the occupant would certainly be armed. There was a considerable amount of activity in the area; there was a large group of people gathered in the street and another group of people involved in a fight in a nearby yard. Under these circumstances, Officer Roiger acted reasonably in using extreme caution as he initially approached and evaluated the situation. These actions were to protect the officers’ personal safety and will not serve to transform the stop into an arrest. Under the circumstances of this case, the officers’ actions did not exceed the bounds of an investigative stop.

Having thus concluded that the initial encounter was within the scope of an investigative stop, we now must consider whether the stop was justified at its inception. “The minimal standard of articulable justification required by the fourth amendment for an investigative stop is whether the police officers were aware of ‘particularized, objective facts which, taken together with rational inferences from those facts, reasonably warranted] suspicion that a crime [was] being committed.’ ” Id. at 642 (quoting United States v. Martin, 706 F.2d 263, 265 (8th Cir.1983)).

First, the officers were responding to a late-night call that shots had been fired in precisely the area appellant’s car was parked. Although one report indicated that a light blue El Camino may have been involved in the initial shooting, there was no information available regarding the source of the subsequent shots fired. As the officers arrived on the scene they immediately noticed appellant’s car double-parked in the intersection of 17th and Sheridan Avenue North. The magistrate found at the suppression hearing that as the officers approached appellant’s car, the appellant slowly pulled away. When the officer shined a spotlight on appellant’s face, he appeared to be nervous. The officer then exited his car with his gun drawn and ordered the appellant to stop.

The Supreme Court has recognized that “[a] brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the officer at the time.” Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct. 1921, 1923, 32 L.Ed.2d 612 (1972).

Under the circumstances of this case, we conclude that the officers had a reasonable, articulable suspicion that appellant was involved in criminal activity. For the foregoing reasons we must conclude that the trial court did not err when it determined that this investigative stop was justified at its inception and reasonable in scope. Accordingly, the judgment of the district court denying the motion to suppress is affirmed.